By Patsy R. Brumfield/NEMS Daily Journal
TUPELO – Businessman Ray Shoemaker’s attorneys asked a federal judge to reconsider his multiple convictions in a kickback-bribery case.
His 14-page motion to Senior U.S. District Judge Neal B. Biggers Jr. urges reconsideration for acquittal or a new trial on five counts surrounding time when he was a top executive at Tri-Lakes Medical Center in Batesville.
Chiefly, his lawyers say, evidence does not support that Shoemaker, who now lives in Tupelo, had to disclose a $250,000 payment from the hospital’s working capital for use of his nonprofit organization as a vehicle through which another man bought the hospital.
They also say Shoemaker did not lie when he said the payment would not come out of an emergency federal loan to the hospital.
Thirdly, he insists that insufficient proof exists of an alleged agreement for him to be paid to beef-up use of a Batesville nurse-staffing business owned by Lee Garner.
Biggers on Aug. 24 threw out two counts against Shoemaker and all counts against Garner, who was convicted with Shoemaker.
He granted a new trial to Shoemaker on the third count but retained the other convictions.